Mulatu, Kassahun (2017) The Place and Relevance of Public Interest Litigation in Ethiopia. Masters thesis, Addis Ababa University.
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Abstract
Similar to the need for a democratic constitution and modern laws, the realization of effective access to justice holds an indispensable place. Without effective means of redressing injustices, constitutionalism and rule of law are unattainable and citizen’s rights recognized by the Constitution will be a mere wish. However, effectively realized access to justice serves as a means to enforce rights and deter unlawfulness. A country having liberal rules of standing for enforcing constitutional rights has more enhanced public participation in ensuring the observance of laws. To the reverse jurisdiction having strict procedural rules of standing will unreasonably prevent citizens from protecting the Constitution and other laws. Even though its level of implementation and the subject matter it involves differ across the world, Public interest litigation, which is the result of liberal rules of standing, has been successfully utilized to vindicate public interests using law and judicial bodies. It has shown significant achievements in countries like USA, India and South Africa for realizing justice mainly to those who are unable to access justice due to various forms of barriers and disabilities. Though PIL is not familiar with the Ethiopian legal system, there are some few subsidiary laws in the country which expressly provide for broad rules of locus standi for instituting proceeding. However, even though the need for PIL is undeniable, the PIL experience of our country is near to none. The constitutional space of PIL in Ethiopia is one of a constitutional issue surrounded by controversial arguments of legal scholars. Therefore, the study has attempted to thoroughly examine the constitutional place of public interest litigation in Ethiopia by indicating its relevance if adequately introduced into the country’s legal system. The study has also identified some of the main problems attributed to the weak practice of PIL in the country’s legal system. Basing on the gaps and problems identified by the study, relevant recommendations are provided.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | H Social Sciences > H Social Sciences (General) |
| Divisions: | Africana |
| Depositing User: | Kabiru Wallace Ndung'u |
| Date Deposited: | 17 Jun 2019 13:00 |
| Last Modified: | 17 Jun 2019 13:00 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/9306 |
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